If you are misclassified as an independent contractor, your worker rights and your paycheck are affected!

You may not think independent contractor misclassification is a big deal, but in the United States, fraudulent classification of employees as "independent contractors" is on the rise. One of the most common tactics employers use to save money and avoid paying overtime and federal taxes is to label their employees "independent contractors."

Employee vs. Independent Contractor

Regular employees are protected by the federal Fair Labor Standards Act and are eligible for employee labor protections and overtime wages. Regular employees work according to a schedule required by an employer and their job performance is also directly supervised.

However, many employees nationwide work under these conditions daily, but are misclassified as independent contractors. This costs them thousands of dollars every year and also strips them of their employee rights under the Fair Labor Standards Act.

Independent contractors are not protected by the federal wage laws that apply to regular employees. Independent contractors are not eligible for overtime pay, worker's compensation and unemployment insurance. So how is overtime pay for independent contractors calculated then?

What does the law say about independent contractors?

In general, independent contractors have direct control over their schedules, number of hours worked, the type of jobs they accept, and their job performance. Many independent contractors are also sole proprietors, which means they own a business and have responsibility for all company expenses.

The following occupations frequently use the independent contractor arrangement:

General contractors

Construction workers

Lawn care workers

Consultants

Couriers

Personal Trainers

Tutors

Many employees are misclassified as independent contractors under the wage laws. We have helped many workers in every industry, including independent contractors, to recover the back wages owed to them, and to collect on unpaid overtime. Read our case results to see workers we have helped.